JUDGMENT OF THE COURT
[1] On the night of 24th day of September, 2006, there were a series of robberies committed to several residents of Kinamba Trading Centre in Laikipia District within the former Rift Valley Province. George Njogu Njuguna was charged with five counts of robbery with violence contrary to Section 296(2) of the Penal Code before the Principal Magistrate’s Court at Nyahururu. Upon trial, he was found guilty on Count I and III, convicted and sentenced to death. He appealed before the High Court against the conviction and sentence but the appeal was dismissed. Emukule, J. and Ouko, J. (as he then was) upheld the judgment of the trial magistrate regarding the conviction and sentence in Count I but held that the death sentence in respect of Count III, be held in abeyance as a convict cannot die twice.
[2] The appellant filed the present appeal which by dint of the provisions of Section 361 of the Criminal Procedure Code, turns only on point of law. Mr. Maragia, learned coun…